Rahul Prajapati vs The State Of M.P
2021 Latest Caselaw 3856 MP

                                                                      1                           MCRC-36465-2021
                                           The High Court Of Madhya Pradesh
                                                     MCRC-36465-2021

(RAHUL PRAJAPATI Vs THE STATE OF M.P)

MCRC/36465/2021, MCRC/38230/2021

Jabalpur, Dated : 02-08-2021 Heard through Video Conferencing.

Shri Sanjay Sharma and Shri Shyam Yadav, counsel for the petitioner. Shri Dinesh Prasad Patel, Panel Lawyer for the State. In these three petitions, arising out of the same Crime Number and

Police Station, the order has been passed by the Special Judge SC/ST Act on 20th April, 2021, i.e., prior to the order of Division Bench rendered in Pramod Yadav v. State of M.P. (Cr.A No. 5189/2020) dated 22.4.2021.

A coordinate Bench of this Court has interpreted the judgment of the Division Bench in a way that in paragraph 30 which is related to the answer of question No. 2 referred to the Division Bench that it means only the order passed under the POCSO Act dismissing the application of the petitioner, the petition/application lie and if the order has been passed by the Special Judge SC/ST Act under Section 14 - A of the SC/ST Act.

Another question for consideration is that whether the order passed by the Division Bench in Pramod Yadav (supra) has retrospective implication or not.

On both these questions the counsel for the petitioner/appellant prays for a week's time to address the Court.

Time is granted.

List in the week commencing 9th August, 2021.

(VIRENDER SINGH) JUDGE

vivek

Signature Not Verified SAN

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2021.08.04 10:14:07 IST